Criminal Law Questions? Ask a Criminal Lawyer.
He lied about the affair, and custody issues. Didn't report all of his income in child support calculations. He told me that if I tried to get his retirement and other assets that he would make things very difficult for me. He threatened me repeatedly that it would get very ugly if I didn't sign them, and being the wife for over 10 yrs of a very verball abusive, controlling alcoholic I believed him.
Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.
I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.
If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.
The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.
Thanks for writing back -- good to hear from you.
I will be glad to comment further -- please see below.
I do ask that you kindly press "Accept" to process my answer.
I hope that helps a bit more and that things work out properly for you in this matter.
Take care and thanks again for choosing JustAnswer®!
I offer the following remarks trusting that you will abide by the honor system.
Also, I must mention that it seems I have inadvertently cited some authority from the wrong jurisdiction (California as opposed to Oklahoma). I offer my sincere apologies for any confusion. The governing principles, however, are similar in that fraud is a recognized ground for seeking to set aside a divorce judgment. Specifically, Oklahoma Statutes
§ 43-122: "Effect of divorce. A divorce granted at the instance of one party shall operate as a dissolution of the marriage contract as to both, and shall be a bar to any claim of either party in or to the property of the other, except in cases where actual fraud shall have been committed by or on behalf of the successful party." [emphasis added in italics]. In terms of time limits, Oklahoma Statutes § 43-123: "An appeal from a judgment granting or denying a divorce shall be made in the same manner as in any other civil case." This takes us to Oklahoma Statutes § 12-1031: "The district court shall have power to vacate or modify its own judgments or orders within the times prescribed hereafter:***4. For fraud, practiced by the successful party, in obtaining a judgment or order;" as well as Oklahoma Statutes § 12-651: "New trial - Definition - Causes for.
A new trial is a reexamination in the same court, of an issue of fact or of law or both, after a verdict by a jury, the approval of the report of a referee, or a decision by the court. The former verdict, report, or decision shall be vacated, and a new trial granted, on the application of the party aggrieved, for any of the following causes, affecting materially the substantial rights of the party: 1. Irregularity in the proceedings of the court, jury, referee, or prevailing party, or any order of the court or referee, or abuse of discretion, by which the party was prevented from having a fair trial; 2. Misconduct of the jury or a prevailing party; 3. Accident or surprise, which ordinary prudence could not have guarded against;
Given the complexities of the matter and the amount of time that has elapsed, the only prudent course of action is to share your concerns with your local criminal law enforcement authorities as well as a private attorney without delay.
Thanks so much!!!!
I sincerely XXXXX XXXXX time and effort!
You are quite welcome -- my pleasure to be of service.
Many thanks for your prompt payment -- greatly appreciated!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).